Is a marriage contract concluded without the permission of the virgin girl but with the approval of her paternal uncle valid, given the presence of her father and brother? And is it permissible for a judge or imam to annul her marriage if her husband refuses to do so, especially since the husband drinks alcohol and beats her? And is there a concept of religious equality in Islam?
A woman cannot be forced to marry someone she does not desire. If she is married against her will, the marriage is invalid according to the more preponderant opinion. The girl has the right to approach the court and seek annulment of the marriage. The most entitled to give a woman in marriage is her father, then her paternal grandfather, then her full brother. All these are preferred over the paternal uncle. It is not permissible to propose to a married woman except after the annulment of her marriage and the expiration of her (waiting period). If a woman refuses to continue the marriage, the judge divorces her without regard for the husband's opinion, or she can seek khul' (divorce at the wife's instance, usually for compensation) from this husband. Compatibility is considered in marriage, and it is the compatibility in religion: thus, a disbeliever cannot marry a Muslim woman, nor can a wicked person marry a chaste woman.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/6450
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 6450
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy